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TONKOVICH: Lawsuit pending
geous that the Board of Regents waited over a year to write a report that I think could have been written in three or four hours."
Continued from Page 1A.
Tonkovich's appeal to the Regents was the last administrative recourse available. He said he would file a lawsuit within two months seeking financial damages and reinstatement.
"The administrative process is over, and now we're going to court," Tonkovich said. "We're going to have this in a neutral forum for the first time."
Tonkovich, who was accused of moral turpitude and behavior that violated professional ethics, maintained he was innocent of all charges. He said the University intentionally ruined his reputation, punctuating many of his statements with, "This is an outrage."
"The University smeared me with inflammatory and highly prejudicial publicity," Tonkovich said. "If you stand up for the principles you believe in, you will be punished."
Tonkovich said University administrators acted in accordance with a politically correct agenda.
"The tactics used to promote politically correct agendas in American universities are notorious," he said. "And they are often directed at outspoken conservatives like me."
The primary issue is no longer returning to his job, Tonkovich said. The case now is a question of principles.
"I prosecuted organized crime cases, and I treated mafia bosses with fairness, and the University cannot treat me with fairness," he said. "I'm sad more than anything else."
For now, Tonkovich said he would devote most of his time to the pending lawsuit. The future, however, is uncertain.
"It's been very hard," he said. "My reputation has been ruined, and I have no job, but I think my principles will sustain me through this. I don't know what I'll do in the future, though."
Chancellor Del Shankel issued a brief statement Thursday, saying he had not studied the Regents' report on the Tonkovich case. Shankel did not return calls from The University Daily Kansan Friday.
"Whether Tonkovich files a lawsuit is up to him," Thomas said. "We have a lot of other things to work on, and we won't prepare a case until a lawsuit has been filed."
REGENTS: Dismissal upheld
Victoria Thomas, general counsel for the University, said she was pleased with the Regents decision, but would not comment on the University's future strategy.
Continued from Page 1A.
worked assiduously to provide both professor Tonkovich and the University an opportunity for a fair, unbiased and judicious process."
Did Tonkovich have notice that his conduct violated the faculty code of conduct and could result in dismissal?
The report said that while hindsight suggested alternative ways of proceeding, a flawless procedure was not required to provide due process.
- Were allegations barred by the statute of limitations?
Although Tonkovich asserted that
Was substantive due process provided?
the six-month statute of limitations should be applied to his case, the subcommittee determined that the statute of limitations was applicable only to certain grievance and review procedures and not to the faculty committee.
The report stated that "the University's actions, in totality, cannot reasonably be considered to be arbitrary or capricious."
Was the sanction reasonable?
The report stated that faculty members were qualified to determine whether a colleague violated professional standards and no reason existed for the subcommittee to substitute its own judgment.
In considering whether substantial evidence existed to support the University's decision, the subcommittee said it should not substitute its judgment for that of the people who observed the hearings.
"While it is true that some testimony was uncorroborated and some was contradicted by other testimony, it was the function of the committee to determine what testimony was persuasive," the report stated.
In its conclusion, the subcommittee recommended denying Tonkovich's request for Regents intervention in the decision.
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